The article first appeared in Business Standard on Dec 10, 2024.
The potential end of birthright citizenship in the United States, as proposed by President-elect Donald Trump, could have significant repercussions for the Indian-American community. Birthright citizenship, rooted in the 14th Amendment, ensures that all individuals born on U.S. soil acquire citizenship regardless of their parents’ legal status. However, Trump has criticized this policy as a driver of illegal immigration and “birth tourism” and has suggested curtailing it through executive orders or administrative measures.
The Indian-American community, comprising over 5.4 million individuals or 1.47% of the U.S. population, could face profound challenges if this policy changes. Many within this community are either immigrants or the U.S.-born children of immigrants. For families reliant on H-1B visas, which tie their legal status to employment, the end of birthright citizenship could result in their children being denied the automatic rights and opportunities associated with U.S. citizenship. These children would instead inherit their parents’ visa limitations, potentially restricting access to education, jobs, and other benefits typically available to U.S. citizens.
Furthermore, undocumented Indian immigrants and those with temporary statuses would be especially vulnerable. Children born under such circumstances might remain stateless or face prolonged legal and bureaucratic hurdles to establish a secure status. This would exacerbate the precarity of their lives and potentially increase their reliance on limited and restrictive visa programs.
Beyond individual families, such a policy shift could have broader implications for Indian-American contributions to the U.S. economy and society. Indian Americans are among the most educated and economically successful ethnic groups in the United States. A significant portion works in sectors like technology, medicine, and academia, often contributing to innovation and economic growth. Restricting citizenship could dissuade talented individuals from migrating to or remaining in the U.S., leading to a potential “brain drain” and loss of skilled workers.
Legally, the proposed policy faces substantial challenges, as birthright citizenship is enshrined in the Constitution. Amending the Constitution is a complex and arduous process requiring broad political consensus, which makes an outright repeal unlikely. However, attempts to narrow its interpretation through executive orders could still generate uncertainty and provoke extensive legal battles, further destabilizing immigrant communities.
Read more: Business Standard
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